Australian Capital Territory Current Acts

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DOMESTIC ANIMALS ACT 2000 - SECT 44

Dogs in public places must be controlled

    (1)     A person commits an offence if—

        (a)     the person is the keeper or carer of a dog; and

        (b)     the person is with the dog in a public place; and

        (c)     the dog is not restrained by a leash.

Maximum penalty: 15 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is the keeper or carer of a dog; and

        (b)     the person is with the dog in a public place; and

        (c)     the dog is not under the effective control of the person.

Maximum penalty: 15 penalty units.

    (3)     The keeper of a dog commits an offence if the dog—

        (a)     is in a public place; and

        (b)     is not with a carer.

Maximum penalty: 15 penalty units.

    (4)     An offence against this section is a strict liability offence.

    (5)     Subsection (1) does not apply to a dog that is under the control of a person and is—

        (a)     in an exercise area declared under section 40 (Declaration—exercise areas); or

        (b)     a working dog working livestock; or

        (c)     taking part in—

              (i)     a dog show, field trial or obedience trial; or

              (ii)     a dramatic performance or other entertainment.

    (6)     In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.

    (7)     For this Act, a dog is under the effective control of a person if the person can prevent the dog from approaching other animals or people by—

        (a)     use of a leash; or

        (b)     holding or confining the dog; or

        (c)     the dog—

              (i)     being in sight of the person; and

              (ii)     responding to and following the person's commands.

Example

Pete is walking his large dog, Reggie, on a leash. However, Pete is not strong enough to stop Reggie pulling and approaching other dogs. Reggie is not under the effective control of Pete.



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